Discussion: Original Jurisdiction

All of the information below is referenced by Publius-Huldah’s Blog, which uses it to conclude,

ONLY the US Supreme Court has Constitutional Authority to Conduct the Trial of the Case Against Arizona & Governor Brewer.

US Constitution, Article 3, Section 2

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make. (emphasis added)

Federalist 81 (Hamilton)

Let us now examine in what manner the judicial authority is to be distributed between the supreme and the inferior courts of the Union.   The Supreme Court is to be invested with original jurisdiction, only “in cases affecting ambassadors, other public ministers, and consuls, and those in which A STATE shall be a party.  ” Public ministers of every class are the immediate representatives of their sovereigns.   All questions in which they are concerned are so directly connected with the public peace, that, as well for the preservation of this, as out of respect to the sovereignties they represent, it is both expedient and proper that such questions should be submitted in the first instance to the highest judicatory of the nation.   Though consuls have not in strictness a diplomatic character, yet as they are the public agents of the nations to which they belong, the same observation is in a great measure applicable to them.   In cases in which a State might happen to be a party, it would ill suit its dignity to be turned over to an inferior tribunal. (emphasis added)

US Code: TITLE 28 > PART IV > CHAPTER 81 > § 1251

§ 1251. Original jurisdiction

(a) The Supreme Court shall have original and exclusive jurisdiction of all controversies between two or more States.
(b) The Supreme Court shall have original but not exclusive jurisdiction of:

(1) All actions or proceedings to which ambassadors, other public ministers, consuls, or vice consuls of foreign states are parties;
(2) All controversies between the United States and a State;
(3) All actions or proceedings by a State against the citizens of another State or against aliens. (emphasis added)

Federalist 78 (Hamilton)

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Servants or Masters?

I am an American.  I am a disabled Vietnam veteran.  I mention that for a couple of reasons.  Being a veteran has deeply magnified my appreciation to live in the greatest country in the world.  As a veteran I did take an oath to serve and protect the Constitution of the greatest country in the world and as such, I find it unacceptable to expect anything less from any elected representative that also takes an oath to serve and protect the Constitution.

In the beginning almighty God created the heavens and the earth.  After a break he created the People.  The People eventually created the 13 original colonies that became States.  The States then created the Federal government and gave it specific enumerated powers to serve the People and protect their freedom.

You may ask, where does our freedom come from?  Well if you were Thomas Jefferson you would answer…”Our freedom comes from our humanity.  In that we are created in the image and likeness of God, who is perfectly free, so then are we to be perfectly free.”

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Federal Judge Allows 10th Amendment Obamacare Suit to Proceed

Writes Ilya Somin at Volokh: Federal District Judge Henry Hudson’s opinion refusing to dismiss Virginia’s lawsuit challenging the constitutionality of the Obama health care plan has several interesting aspects. The suit focuses primarily on a challenge to the “individual mandate” element of the plan, which requires most American citizens and legal residents to purchase a…

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